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Modification: Roche v. Hyde
Trial court correctly denied defendants' anti-SLAPP motions because plaintiff made sufficient showing that he was likely to succeed on merits of malicious prosecution claim. 		Anti-SLAPP 1DCA/4 Jul. 31, 2020
People v. Henderson
Once a suspect has clearly and sufficiently invoked his right to counsel, police may not resume questioning until counsel is provided. 		Criminal Law and Procedure CASC Jul. 31, 2020
Attias v. Crandall
Appellant failed to establish that his lapse in lawful immigration status was 'through no fault of his own or for technical reasons' making him ineligible for adjustment of status. 		Immigration 9th Jul. 31, 2020
Alameda County Deputy Sheriff's Assoc. v. Alameda County Employees' Retirement Assoc.
Because Public Employees' Pension Reform Act was enacted for constitutionally permissible purpose of closing loopholes and preventing abuse of pension system, it met contract clause requirements. 		statutory_interpretation CASC Jul. 31, 2020
Schwake v. Arizona Board of Regents
Plaintiff alleged that University denied him opportunity to appeal punishment, refused plaintiff permission to file harassment complaint against complainant and conducted one-sided investigation; thus, plaintiff plausibly alleged Title IX claim. 		Civil Rights 9th Jul. 30, 2020
Judd v. Weinstein
California Civil Code Section 51.9 encompasses relationships where one party is uniquely situated to exercise coercive power over other. 		Civil Procedure 9th Jul. 30, 2020
People v. King
Trial court lacked discretion to consider sentencing mitigating factors such as mental health and substance abuse problems stemming from military service, because petitioner agreed to stipulated sentence. 		Criminal Law and Procedure 4DCA/1 Jul. 30, 2020
Reeder v. Specialized Loan Servicing LLC
Subsequent agreements to modify contracts subject to the statute of frauds are also subject to the statute of frauds. 		Civil Procedure 2DCA/8 Jul. 30, 2020
People v. Braley
When litigant meets requirements for Code of Civil Procedure Section 170.6, disqualification of the judge is mandatory. 		Judges 2DCA/3 Jul. 29, 2020
Pasos v. Los Angeles County Civil Service Com.
Trial court erred by substituting its own discretion for that of Sheriff's Department in determining appropriate penalty for deputy sheriff's failure to report another deputy's use of force against inmate. 		Employment Law 2DCA/7 Jul. 29, 2020
Calvary Chapel Dayton Valley v. Sisolak
The Constitution guarantees the free exercise of religion. It says nothing about the freedom to play craps or blackjack, to feed tokens into a slot machine, or to engage in any other game of chance. But the Governor of Nevada apparently has different priorities. Claiming virtually unbounded power to restrict constitutional rights during the COVID-19 pandemic, he has issued a directive that severely limits attendance at religious services. 		Administrative Agencies USSC Jul. 29, 2020
Alston v. Dawe
If party's lack of culpability on disputed issue was decided on the merits, dismissal of subsequent case on collateral estoppel grounds qualifies as favorable termination for purposes of later malicious prosecution claim. 		Civil Procedure 4DCA/3 Jul. 29, 2020
Moore v. Mars Petcare US
Under reasonable consumer test, plaintiffs sufficiently alleged that sale of prescription pet food exclusively through vets or with veterinarian approval was a deceptive practice. 		Consumer Law 9th Jul. 29, 2020
Orellana v. Barr
Board of Immigration Appeals did not err in concluding that criminal stalking conviction under Penal Code Section 646.9(a) was a crime involving moral turpitude. 		Immigration 9th Jul. 29, 2020
Floyd v. American Honda Motor Co.
Plaintiffs did not need to allege supplemental jurisdiction for their state-law claims under CAFA since they had already alleged original jurisdiction over entire action. 		Civil Procedure 9th Jul. 29, 2020
King v. U.S. Bank National Assn.
Plaintiff's award for damages was reinstated because trial court's order failed to specify its reasons for granting defendant's motion for new trial for excessive damages. 		Remedies 3DCA Jul. 29, 2020
People v. Collins
Based on Penal Code Sections 664 and 21a, there is a crime of attempted aggravated sexual assault as defined through interplay of Section 269(a)(1) and statutory provisions relating to attempts. 		statutory_interpretation 1DCA/1 Jul. 28, 2020
Storm v. The Standard Fire Insurance Co.
Policy language that each party will pay expenses it incurs in arbitration and bear expenses of arbitrator equally, did not preclude recovery under Code of Civil Procedure Section 998. 		Civil Procedure 2DCA/4 Jul. 28, 2020
Bautista v. Fantasy Activewear, Inc.
Appellant's petition to compel arbitration was denied because respondents were not acting as agents of the Labor and Workforce Development Agency when they entered into settlement agreements with appellants. 		Arbitration 2DCA/1 Jul. 28, 2020
Serena M. v. Superior Court (Fresno County Dept. of Social Services)
Juvenile court's order denying in-person visitation from mother was not reasonable because evidence did not support depriving mother of in-person visitation for 18-month period. 		Dependency 5DCA Jul. 28, 2020
Conservatorship of O.B.
Appellate courts must account for the clear and convincing standard of proof when addressing a claim that the evidence does not support a finding made under this standard. 		Conservatorship CASC Jul. 28, 2020
Kirzhner v. Mercedes-Benz USA, LLC
Vehicle registration renewal and nonoperation fees are not recoverable as collateral charges under Song-Beverly Consumer Warranty Act, but they are recoverable as incidental damages. 		Consumer Law CASC Jul. 28, 2020
U.S. v. Bocharnikov
Defendant's statements were not sufficiently attenuated from his initial illegal detention and seizure, since the second encounter, was directly linked to the original illegalities. 		Criminal Law and Procedure 9th Jul. 28, 2020
In re Grand Jury Investigation, USAO No. 2018R01761
Appellate courts may only entertain interlocutory appeals from orders enforcing grand jury subpoenas when they require production of materials that are claimed to be privileged or otherwise legally protected from disclosure. 		Civil Procedure 9th Jul. 28, 2020
In re Shelton
Board of Parole Hearings considering inmate insight deficiencies must consider whether immutable facts are probative to the inmate's current dangerousness. 		Criminal Law and Procedure 1DCA/2 Jul. 27, 2020
Bynoe v. Baca
District court erred in denying petitioner's Federal Rule of Civil Procedure 60(b)(6) because petitioner satisfied all three requirements for the motion. 		Criminal Law and Procedure 9th Jul. 27, 2020
People v. Hubbard
Prosecutor did not improperly refer to defendant's decision to not testify and therefore was not in violation of 'Griffin v. California.' 		Criminal Law and Procedure 3DCA Jul. 24, 2020
Modification: Ben-E-Lect v. Anthem Blue Cross Life and Health Ins. Co.
Evidence demonstrated that defendant had sufficient market power in the California small group health insurance market to impair competition significantly. 		Antitrust 1DCA/3 Jul. 24, 2020
In re Brace
Evidence Code Section 662 does not apply when it conflicts with the Family Code Section 760 community property presumption. 		Family Law CASC Jul. 24, 2020
People v. Anderson
Trial court improperly imposed five 25-year-to-life enhancements in connection with counts as to which enhancements had not been alleged. 		Criminal Law and Procedure CASC Jul. 24, 2020
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